Rajasthan Court July 2008 Judgments
Union of India (Uoi) Vs. Grasim Industries Ltd. and anr.
Court: Rajasthan
Decided on: Jul-31-2008
Reported in: 2008(133)ECC96; 2008(159)LC96(Rajasthan); RLW2008(4)Raj3657
N.P. Gupta, J.1. This appeal has been filed by the Revenue against the judgment of the learned Tribunal dated 9.8.2005, allowing the appeal of the assessee, and setting aside the demand of Rs. 4,75,335/-, as demanded by the Revenue in respect of the scrap, so also the penalties. 2. Necessary facts are, that the assessee is engaged in manufacture of white cement. The officers of the Central Excise Range Jodhpur, while conducting surprise inspection on 30.10.1999 noticed, that the assessee had cleared various types of waste and scrap without payment of duty on the private invoices (other than those issued under Rule 52A) during the period October, 1995 to July 1999. Accordingly show cause notice was issued, demanding duty on scrap, calling upon the assessee to show cause, as to why the duty may not be recovered, and interest, and penalty etc. may not be imposed. The statement of the Vice President Shri P.K. Jain were recorded on 8.4.1999 under Section 14(2) of the Central Excise Act, 194...
Tag this Judgment!Sulochna (Smt.) Vs. State of Rajasthan and anr.
Court: Rajasthan
Decided on: Jul-31-2008
Reported in: RLW2009(1)Raj181
Mohammad Rafiq, J.1. The appellant has preferred this special appeal aggrieved by the judgment of the learned Single Judge dated 27.5.08. The learned Single Judge in the aforesaid judgment has dismissed her writ petition wherein she challenged the order dated 26.7.2001 cancelling her appointment order dated 31.8.1998 and also the consequential order dated 31.7.2001, which is to the same effect.2. The appellant passed senior secondary examination in 1990 and thereafter joined the diploma course in Nursing in 1991. She completed her diploma course in 1994 as is evident from the mark sheet dated 27.6.1994 which is on record. The appellant upon completion of two and a half years diploma course of Nursing applied for appointment on the post of Ayurved Junior Compounder/Nurse. She was appointed vide order dated 31.8.1998. One Smt. Vimla Purohit filed a writ petition before the Principal Seat of this Court being S.B. Civil Writ Petition No. 704/2000 claiming that since she, like the petitione...
Tag this Judgment!Rameshwar Yogi Vs. State of Rajasthan
Court: Rajasthan
Decided on: Jul-31-2008
Reported in: RLW2008(4)Raj3619
Shiv Kumar Sharma, J.1. Rameshwar, appellant herein, with a lathi in hand, chased and ousted a mad dog out of the village. At the same time Rameshwar inflicted lathi blow on the head of his cousin Rajendra. Rameshwar was put to trial for committing murder of Rajendra before learned Additional Sessions Judge (Fast Track) No. 1 Kota, who vide judgment dated October 1, 2002 convicted and sentenced him under Section 302 IPC to suffer imprisonment for life and fine of Rs. 1,000/-, in default to further suffer imprisonment for six months. In this appeal Rameshwar has assailed the said finding of learned trial court.2. It is the prosecution case that on January 07, 2002 informant Mohan Lal (Pw. 1) submitted a written report (Ex.P-1) at police Station Sangod to the effect that on the said day around 8 AM while his son Rajendra was going towards the field Ram Gopal, Rameshwar and Nand Bihari waylaid him and inflicted lathi blows on his person. On that report a case was registered under Sections...
Tag this Judgment!Payal Sancheti (Smt.) and anr. Vs. Harshvardhan Sancheti
Court: Rajasthan
Decided on: Jul-31-2008
Reported in: RLW2009(1)Raj431
N.P. Gupta, J.1. This appeal has been filed by the plaintiffs, against the order of the Family Court Jodhpur dt. 22.6.2007, dismissing the suit for injunction, under Order 7 Rule 11 C.P.C. The appellants are the wife, and daughter of the respondent.2. The appeal was filed time barred. Then application under Section 5 was filed. Vide order dt. 25.2.2008 the delay was condoned. Then vide order dt. 11.3.2008 it was directed, that the appeal be heard even without calling for the record, as the Family Court has decided the question of jurisdiction, which is a pure question of law, and the matter was posted for final disposal at admission stage itself. Thereafter when the matter came up on 17.3.2008, one of the Hon'ble Members of the Bench, which passed the earlier order, made an exception in the matter, then the matter came up before another Bench on 26.3.2008, and It was found, that since the suit has been dismissed under Order 7 Rule 11, for want of jurisdiction, for deciding question of ...
Tag this Judgment!Gajendra Singh Lodha Vs. Bhanwar Lal Kothari and ors.
Court: Rajasthan
Decided on: Jul-31-2008
Reported in: RLW2009(1)Raj246
H.R. Panwar, J.1. By the instant writ petition under Articles 226 and 227 of the Constitution of India, the order Annx. 6 dated 9.4.2008 passed by respondent No. 2 the Additional, District Judge No. 3, Udaipur (for short, 'the Appellate Court' hereinafter) to the extent of dismissing the application Annx. 3 filed by the petitioner under Order 6 Rule 17 CPC has been challenged.2. The facts and circumstances giving rise to the instant writ petition are that respondent No. 1, the plaintiff, filed a suit against the petitioner-defendant under the provisions of the Rajasthan Premises (Control of Rent & Eviction) Act, 1950 (for short, 'the Old Act' hereinafter) for eviction of the suit premises i.e. shop No. 13 situated at Ashwini Market, Udaipur and arrears of rent. The eviction was sought on the ground of reasonable and bona fide personal necessity of the respondent- plaintiff, the landlord. The petitioner-defendant, the tenant, contested the suit and ultimately the suit came to be decreed...
Tag this Judgment!Sahib Singh Vs. Divisional Commissioner and ors.
Court: Rajasthan
Decided on: Jul-30-2008
Reported in: RLW2009(1)Raj916
Shiv Kumar Sharma, J.1. Whether arms licence can be revoked/suspended under Clause (a) of Sub-section (3) of Section 17 of Arms Act 1959 (for short 1959 Act') if criminal case for a major or capital offence is registered against licencee? is the core question emerged for our consideration in the instant matter.2. Challenge in this appeal is to the order dated January 31, 2000 of the learned Single Judge, whereby writ petition of the appellant was dismissed and orders dated January 6, 1998 and October 26, 1998 respectively, passed by the District Magistrate, Bharatpur and Divisional Commissioner, Jaipur revoking the arms licence of the appellant were maintained.3. The appellant was granted arms licence bearing No. 38/78 SDM/BHARATPUR/ 279/78 for 30.06 Bore Rifle in the year 1978. Upon complaint of one Jagdish Prasad, the District Magistrate, Bharatpur issued show cause notice to the appellant on December 11, 1997 for cancellation of arms licence on the ground that various criminal cases...
Tag this Judgment!Mangi Devi (Smt.) Vs. State of Rajasthan and ors.
Court: Rajasthan
Decided on: Jul-30-2008
Reported in: 2008(3)WLN601
Gopal Krishan Vyas, J.1. In this writ petition petitioner being widow of late Shri Tulsi Ram has prayed for quashing letter dt. 18.02.2005 (Annex.7) issued by respondent No. 2, whereby, she was held informed that she is not eligible for pension benefits and further prayed that respondents may be directed to grant pensionary benefits and also pay arrears from the date of eligibility with interest @ 12% p.a.2. As per facts of the case, petitioner's husband late Shri Tulsi Ram was working as Class IV employee in the PWD Department since 30.07.1971 and on the date of death i.e. 07.07.1984 he was working as Carpenter Gr.I under the control of Assistant Engineer Sub Division Ist, PWD, Jodhpur. The husband of petitioner was appointed on 30.07.1971 and died while in service, as such he had completed 13 years of service, therefore, petitioner is entitled for family benefits and other pensionary benefits being wife of late Tulsi Ram. Petitioner filed an application for grant of family pension. T...
Tag this Judgment!State of Rajasthan Vs. Misri Lal and ors.
Court: Rajasthan
Decided on: Jul-30-2008
Reported in: RLW2009(3)Raj2333
Mahesh Chandra Sharma, J.1. The State of Rajasthan has preferred this appeal against the judgment and order dated 1.9.1999, passed by the Addl. District & Sessions Judge, Hindaun in Criminal Case No. 36/95, whereby he acquitted the accused respondents from the offence under Sections 148, 307/149, 326/149, 323/149 IPC.2. The brief facts of the case are that the complainant Ballu @ Pushpender filed a first information report in the police station Hindaun in which he has stated that when he was sleeping in his house, accused respondents entered his house and Naresh has inflicted injury upon his neck by sword, again Naresh inflicted an injury upon his hand and a part of left ear was also cut. Accused Sashi inflicted injury in the chest of the, complainant by knife, accused Renu inflicted injury by biting on his shoulder and Smt. Virma wife of Naresh has beaten Dantli. Upon hearing hue and cry, Vinod, Vasudev and some other persons reached there and rescued him.3. Upon the aforesaid inciden...
Tag this Judgment!State of Rajasthan and ors. Vs. Sandeep
Court: Rajasthan
Decided on: Jul-29-2008
Reported in: RLW2009(1)Raj126
Mohammad Rafiq, J.1. This appeal is directed against the judgment of the learned Single Judge dated 29.5.208 whereby the writ petition filed by the respondent was allowed.2. The respondent was denied appointment on the post of Sub-Inspector in the Telecommunication Wing of the Police Department; selection process for which was initiated pursuant to notification dated 9.3.2007 on the ground that he did not have the requisite measurement of deflated and inflated chest in terms of Rule 14(2) of the Rajasthan Police Subordinate Service Rules, 1989. The learned Single Judge of this Court vide order dated 21.5.2008 required the petitioner to appear before Superintendent, SMS Hospital, Jaipur who was directed to constitute a medical board; pursuant to which a medical board headed by Professor & Head of Department with two senior doctors drawn from Departments of Medico-Jurist Orthdpedics and Physical Medicine & RRC examined him, and according to which the measure of deflated chest of the resp...
Tag this Judgment!Sukha Ram Vs. State of Raj. and anr.
Court: Rajasthan
Decided on: Jul-29-2008
Reported in: [2008(119)FLR851]; RLW2009(1)Raj145
Gopal Krishan Vyas, J.1. Heard Learned Counsel for the parties.2. In this writ petition, the claim of the petitioner is that he has filed application for recruitment on the post of Physical Teacher Grade-Ill against the vacancies advertised in the Sirohi District along with all his qualification documents.3. As per the petitioner he is possessing B.P.E. Degree from M.D.S. University, Ajmer as well as B.P.Ed, from Nagpur University obtained in the year 1999. The petitioner is claiming his right of consideration for appointment on the ground that both the qualification acquired by him is recognized and can be considered for providing appointment as Physical Teacher Grade-III but at the time of considering candidature of the petitioner, the marks obtained by the petitioner in B.P.E. were taken into account whereas he has obtained higher marks in B.P.Ed., which is acquired by him from Nagpur University in the year 1999.4. The claim of the petitioner is that he is having option to claim ben...
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